Appeals Court Grants New Trial For Scott Jensen

Ex-Lawmaker Was Convicted Of Three Felonies

Updated: 7:40 pm CST November 8, 2007

A state appeals court has ordered a new trial for former state Assembly Speaker Scott Jensen.

videoVIDEO: Watch The Report | videoVIDEO: Experts React To Court's Decision In Jensen Case | articleREAD: Timeline: Events In State Capitol Corruption Scandal

The 4th District Court ruled that a Dane County judge wrongly excluded Jensen's testimony about his understanding of the use of state resources for campaigns.

Jensen was found guilty of three felonies and one misdemeanor for directing staffers to campaign on state time.

Jensen was one of five former legislative leaders found guilty after a lengthy Capitol corruption investigation. On Thursday, Jensen's former aide, Sherry Schultz, was also granted a new trial based on the jury instructions.

Jensen's 15-month prison sentence was suspended until his appeal was settled.

The former legislator argued that he was denied the right to defend his intent in using state employees for campaign work.

"If you leave out an important step, or in this case take out an important issue that the jury is supposed to decide by virtue of telling them, 'This is what that means' as opposed to, 'You tell us what that means,' you assure that the final product comes out baked wrong, in this case an unreliable verdict," said Chris Van Wagner, a Madison attorney and legal analyst.

In a statement released from Jensen's attorneys, he said that he was pleased by the court's decision.

"My family and I are very thankful for the decision issued by the Court of Appeals this morning. We are deeply grateful for the steadfast support and prayers we have received from so many people. We are humbled by all they have done for us," he said.

Jensen's attorney, Stephen Meyer, said he's grateful for the court's consideration of their argument.

"The decision was a reflection of what we've believed the law said about this particular set of charges," Meyer said. "In a way, the ball is now in the state's court in terms of what happens next."

Dane County District Attorney Brian Blanchard said the Department of Justice has 30 days to appeal to the Supreme Court, otherwise he said he plans to retry Jensen.

But Van Wagner said he believes an appeal might be the only road to a conclusion for everyone.

"I have no doubt they will appeal. They will want this decided once and for all, if for no other reason than to avoid the cost of a retrial," Van Wagner said. "But the secondary reason is so they can say, 'These are the things people holding public office may or may not do.'"

As the legal battle continues to unfold, others are focusing on the politics.

Jensen and Schultz weren't the only ones tied to the caucus scandal. There was Chuck Chvala, Brian Burke, Steve Foti, and Bonnie Ladwig -- all struck deals for a guilty plea.

But it drew a lot of public attention to the state Legislature, leading to many questions about how clean state government actually was. And if Jensen's case is retried, some think those same questions will come up again.

Jay Heck from Common Cause Wisconsin said that's a good thing.

"Because it would serve to remind the people of this state what happened in the state Capitol not that long ago, where illegal activity occurred resulting in the criminal charging of five top legislative leaders of both political parties," Heck said.

University of Wisconsin-Madison political science professor Charles Franklin said he also believes those bad memories may resurface if Jensen is retried. He said the caucus scandal had a detrimental effect on the public's perception of a man who had a very promising future in Wisconsin government.

"This conviction destroyed one of the more promising careers around," Franklin said. "(It's) very hard to believe that he can ever get that electoral career back -- but certainly the chance to be exonerated in another trial is the only possibility of that."

Franklin stressed that Jensen's return to the political arena in Wisconsin is highly unlikely, regardless of what happens next. But he pointed out that Thursday's announcement -- and a possible exoneration if the case is retried -- doesn't hurt that chance.

Links We Like

Sponsored Links

Advertise With Us Advertise With Us

Local News

The University of Wisconsin-Madison police are investigating a third allegation of misconduct against former Athletic Department official John Chadima, according to UW officials. More Details


Advertise With Us

Survey

Did you bag a deer while hunting this season?
Results | Disclaimer | E-Mail

E-Mail News

Get E-Mail News Headlines When YOU Want Them
 National Breaking News
Daily Weather Forecast 5:30 a.m.
Noon News